'TRIPs-Plus' Patent Privileges—An Intellectual Property 'Cargo Cult' in Australia

摘要

This article challenges the desirability of implementing more than the minimum patent standards required by Australia's commitment to the World Trade Organisation's Agreement on Trade Related Aspects of Intellectual Property Rights (so-called 'TRIPs-plus' measures). We argue that there has not been an adequate analysis of what the various TRIPs-plus measures actually are under the Patents Act 1990 (Cth), and that these measures have not been subjected to a competition analysis as required by the Competition Principles Agreement. This is, we contend, reminiscent of 'cargo cult' as Australian policy makers appear to reason that the most developed nations have benefited from innovation with TRIPs-plus measures, and so with similar measures, those same benefits will accrue to Australia.